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2025 DAILYLAW 145631 (ALL)

SHAHANA KHATOON v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 4 OTHERS

WRIC/5820/2025 · 2025-06-13

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35487-DB Court No. - 2 Case :- WRIT - C No. - 5820 of 2025 Petitioner :- Shahana Khatoon Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 4 Others Counsel for Petitioner :- Mahesh Kumar Sharma Counsel for Respondent :- C.S.C.,Krishna Kumar Pandey,Namit Sharma Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Vakalatnama filed by Shri Krishna Kumar Pandey, Advocate on behalf of the respondents no. 3 to 5 (in short "Lucknow Municipal Corporation") is taken on record. Heard learned counsel for the petitioner, learned Standing Counsel for State-respondents and Shri Krishna Kumar Pandey, learned counsel for the respondents no. 3 to 5. Present petition has been filed seeking following main relief(s) :- "(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties not to create any hindrance in peaceful construction of the petitioner over the land of the petitioner Gata No.107 total area 0.1390 situated at Village-Kharika, Pargana-Bijnore, Tehsil-Sarojini Nagar, District-Lucknow, in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to take appropriate action on the report dated 19.12.2024 submitted by the Station House Officer, Police Station-P.G.I., District-Lucknow to the opposite party no.5 and separate the land Gata No. 108 area 0.3290 land so that the may make peaceful construction on his land Gata No.107 total area 0.1390 within a period as fixed by this Hon'ble Court, in the interest of justice." Considered the facts pleaded in the present petition and the documents annexed including the fact that earlier petition i.e. WRIT - C No. 6534 of 2024 (Shahana Khatoon Vs. State Of U.P. Thru. Prin. Secy. Revenue Civil Secrt. Lko. And Others ) filed by the petitioner was disposed of on 30.07.2024 and the operation portion of the same reads as "This petition is disposed of with a direction to the respondent no.6 to look into the grievance of the petitioner and to ensure that only Talaab land is enclosed by the Nagar Nigam and not private land of any citizen. The boundary pillars, if any, erected on the petitioner's land shall be removed within a period of one month from the date a certified copy of this order is produced before the Authority concerned." as also the subsequent order in WRIT - C No. 9029 of 2024 (Shahana Khatoon Vs. State Of U.P. Thru. Prin. Secy. Revenue Lko. And 8 Others) filed by the petitioner which was disposed of on 24.10.2024 with direction to the Station House Officer, PGI, District Commissionerate of Lucknow to provide requisite police force for the purposes of demarcation in terms of order of this Court dated 30.07.2024, referred herein-above, and also that in compliance of the orders of this Court, the demarcation was carried out and Lucknow Municipal Corporation is not in possession of the land which belongs to the petitioner. In the light of the aforesaid, on being asked, Shri Krishna Kumar Pandey, learned counsel for the respondents no. 3 to 5 states that Lucknow Municipal Corporation has not encroached the land of the petitioner nor is intending to encroach the same nor the employees of the Lucknow Municipal Corporation would interfere in the peaceful possession of the petitioner over the land of the petitioner i.e. Gata No.107 total area 0.1390 situated at Village-Kharika, Pargana-Bijnore, Tehsil-Sarojini Nagar, District-Lucknow. The aforesaid statement of Shri Krishna Kumar Pandey, learned counsel for the respondents no. 3 to 5 is recorded. Taking note of the aforesaid statement, this Court finds that no adjudication in the present matter is required so far as relief sought, quoted above, is concerned. Accordingly, the petition is disposed of in terms of the aforesaid statement. Order Date :- 13.6.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench